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IMPORTANT-READ CAREFULLY: Your organization has purchased a license to
this Software through Agitar or an authorized Agitar reseller.  If your
organization has not executed a written license agreement with either
Agitar or an Agitar authorized reseller, the terms of this End-User
License Agreement shall govern your use of the Agitar software.  To the
extent that the terms of this End-User License Agreement supplement the
terms of any written license agreement your organization has executed
with an Agitar authorized reseller, such terms shall apply in addition
to the terms of such written license agreement.



This End-User License Agreement ("EULA") is a legal agreement between
you (either an individual or a single entity) and Agitar® Software, Inc.
("Agitar"), which covers your use of AgitarOne® or Agitator® and Agitar’s 
Management Dashboard, and related software components. All such software 
is referred to herein as the "Software Product." A software license 
("Software Product License") issued only by Agitar or its authorized agents 
is required for each concurrent user of the Software Product.  If you do
not agree to the terms of this EULA, then do not install or use the
Software Product.  By installing the software, you are accepting this
EULA and acknowledging and agreeing to be bound by the following terms:



1. GRANT OF NON-EXCLUSIVE LICENSE



1.1       Grant of License: Agitar grants the non-exclusive,
non-transferable right for a single user to use this Software Product.
Each additional concurrent user of the Software Product requires an
additional Software Product License. The Software Product may be
installed on multiple machines as long as the copies of the same
Software Product License never come into concurrent use.



1.2       Backup Copies: You may make copies of Software Product as
reasonably necessary for the use authorized above, including as needed
for backup and/or archival purposes. No other copies may be made.



1.3       License Verification: You may not tamper with, alter, or use
the Software Product or Software Product License in a way that disables,
circumvents, or otherwise defeats its built-in licensing verification
and enforcement capabilities.


1.4       Agitar Distributable Software. Agitar makes available certain 
software which it permits customers to distribute (“Agitar Distributable 
Software”). Agitar Distributable Software will be clearly designated as 
distributable by Agitar and will be accompanied by an end user license 
agreement permitting distribution (the “EULA”). Customer is entitled to 
the additional distribution rights to the extent permitted under the 
section of the EULA entitled “Limited Distribution License.” All other 
terms of the EULA shall not apply to Customer, and other than those 
distribution rights the Agitar Distributable Software is licensed 
under this Agreement as “Software.” For the avoidance of doubt, 
Agitar’s AgitarOne, Agitator, and Agitar Management Dashboard products 
shall under no circumstances be considered Agitar Distributable Software.



2. INTELLECTUAL PROPERTY RIGHTS



The Software Product is licensed, not sold, and is protected by US
copyright laws and treaties, as well as other intellectual property laws
and treaties. You may not remove or alter any trademark, logo, copyright
or other proprietary notice, legend, symbol or label from any copies of
the Software Product. You may not use, copy, distribute, modify or
create derivative works of the Software Product, except as expressly
permitted by this EULA, without written authorization from Agitar or its
designated agents. Furthermore, this EULA does not grant you any rights
in connection with any trademarks or service marks of Agitar. Agitar
retains all rights not expressly granted to you.



3. NO RIGHT TO TRANSFER



You may not rent, lease, lend, or in any way distribute or transfer any
rights in this EULA or the Software Product to third parties without
Agitar's written approval



4. PROHIBITION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.



You may not reverse engineer, decompile, defeat license encryption
mechanisms, or disassemble the Software Product or Software Product
License except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.  In the
event applicable law grants you the right to reverse engineer the
Software Product notwithstanding this limitation, you shall provide
Agitar with written notice prior to such reverse engineering activity,
information sufficient regarding your intended method of reverse
engineering, its purpose and the legal authority for such activity and
shall afford Agitar a reasonable period of time before initiating such
activity in order to evaluate the activity and/or challenge the reverse
engineering activity with the appropriate legal authorities.  You shall
refrain from such reverse engineering activity until such time as any
legal challenge is resolved in your favor.  Reverse engineering
including, without limitation, decompiling, disassembly, or otherwise
deriving source code, is not permitted.



5. THIRD PARTY SOFTWARE



For your convenience, the Software Product may be distributed with
certain third party software components (“Third Party Software”) that
are subject to the terms of their own license agreements. This EULA does
not apply to the Third Party Software. Copies of these third party
license agreements are included with the Third Party Software
distributed to you and you are responsible for entering into the
appropriate agreements prior to your use of such Third Party Software.



6. CONFIDENTALITY



Each party may have access to information that is deemed confidential by
the other party (“Confidential Information”).  In cases where a separate
agreement with non-disclosure or confidentiality terms has been signed
by the parties, its terms and conditions will apply to the Confidential
Information.  If there is no Non-Disclosure Agreement in force between
the parties, the remainder of this Section 8 will apply. A party’s
Confidential Information will include such information as is clearly
identified as confidential. A party’s Confidential Information will not
include information that: (i) is or becomes generally known to the
public through no act or omission of the other party; (ii) was in the
other party’s lawful possession prior to the disclosure and had not been
obtained by the other party either directly or indirectly from the
disclosing party; (iii) is lawfully disclosed to the other party by a
third-party without restriction on disclosure; or (iv) is independently
developed by the other party without use of or reference to the other
party’s Confidential Information. The obligations to protect
Confidential Information in this Section will terminate three years
after the receipt of such Confidential Information. Neither party shall
make the other party’s Confidential Information available in any form to
any third-party for any purpose except to the extent necessary to
exercise its rights under this Agreement and shall treat Confidential
Information of the other party with the same degree of care with which
it would treat its own confidential information of a like nature, and in
no case less than a reasonable degree of care.  It will not be a breach
of this Section if Confidential Information is disclosed pursuant to
subpoena or other compulsory judicial or administrative process,
provided the party served with such process promptly notifies the other
party and provides reasonable assistance so that the other party may
seek a protective order against public disclosure.  Each party shall
limit the disclosure of Confidential Information to those of its
employees and agents who have a need to know such Confidential
Information and who have been made aware of the party’s obligations
under this Section, and each party shall take all reasonable steps to
ensure that Confidential Information is not disclosed or distributed by
its employees or agents in violation of the terms of this Agreement.
Each party shall use the other party’s Confidential Information only for
its own internal business purposes and only in furtherance of the
purposes of this Agreement.



7. TERMINATION



You may terminate this EULA at any time by destroying all copies of the
Software Product and Software Product Licenses.  If you fail to comply
with any term or condition of this EULA, then Agitar may terminate this
EULA without prejudice to any other rights or remedies.  In such event,
you must uninstall and destroy all copies of the Software Product and
Software Product Licenses.



8. WARRANTY DISCLAIMER



YOU ACCEPT THE SOFTWARE PRODUCT, "AS IS," AND AGITAR AND ITS THIRD PARTY
SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO THEIR USE, PERFORMANCE,
OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGITAR
AND ITS THIRD PARTY SUPPLIERS AND LICENSORS DISCLAIM ALL
REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESSED, IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE
ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT
REMAINS WITH YOU.



9. LIMITATION OF LIABILITY



THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. IN NO EVENT SHALL AGITAR OR ITS THIRD PARTY  SUPPLIERS
AND LICENSORS BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR
SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS
 INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE
THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE TRAINING SERVICES, EVEN
IF AGITAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, AGITAR'S, AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS' ENTIRE
LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU TO AGITAR (IF ANY) FOR THE SOFTWARE PRODUCT OR
TRAINING SERVICES GIVING RISE TO THE LIABILITY.



10. HIGH RISK ACTIVITIES



The Software Product is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line control equipment
in hazardous environments requiring fail-safe performance, such as in
the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the Software
Product, or any software, tool, process, or service that was developed
using the Software Product, could lead directly to death, personal
injury, or severe physical or environmental damage ("High Risk
Activities").  Accordingly, Agitar and its suppliers and licensors
specifically disclaim any express or implied warranty of fitness for
High Risk Activities. You agree that Agitar and its suppliers and
licensors will not be liable for any claims or damages arising from the
use of the Software Product, or any software, tool, process, or service
that was developed using the Software Product, in such applications.



11. U.S. GOVERNMENT END-USERS



If you are a U.S. Government end-user:  The Software Product is a
"commercial item" as that term is defined at FAR 2.101, consisting of
"commercial computer software" and "commercial computer software
documentation" as such terms are defined in FAR 12.212, and is provided
to the U.S. Government only as a commercial end item. Government end
users acquire the rights set out in this Agreement for the Software
consistent with: (i) for acquisition by or on behalf of civilian
agencies, the terms set forth in FAR. 12.212; or (ii) for acquisition by
or on behalf of units of the Department of Defense, the terms set forth
in DFARS 227.7202. Use of this Software and related documentation is
further restricted by the terms and conditions of this Agreement.  Use,
duplication or disclosure by the U.S. Government is subject to
restrictions as set forth in FAR 12.212 and DFARS 227.7202 and further
restricted in accordance with this EULA. The contractor/manufacturer is
Agitar Software, 450 National Ave., Mountain View, CA 94043.



12. ENTIRE AGREEMENT



This License will be governed by and construed in accordance with the
laws of the United States and the State of California, without giving
effect to any conflicts or choice of laws principles that would require
the application of the laws of a different jurisdiction.  The parties
expressly exclude the application of the 1980 United Nations Convention
on the International Sale of Goods (if applicable). This EULA is the
entire agreement between Agitar and you, and supersedes any other
communications or advertising with respect to the Software Product; this
EULA may be modified only by written agreement signed by authorized
representatives of you and Agitar.



13. GENERAL



This EULA and the schedules referenced herein constitute the entire
agreement between you and Agitar concerning the subject matter hereof.
If any provision of this EULA is held invalid, the remainder of this
EULA will continue in full force and effect. A waiver by either party of
any term or condition of this EULA or any breach thereof, in any one
instance, will not waive such term or condition or any subsequent breach
thereof.



14. CONTACT INFORMATION



If you have any questions about this EULA, or if you want to contact
Agitar for any reason, please direct correspondence to:

Agitar Software

450 National Ave.

Mountain View, CA 94043

or send email to info@Agitar.com.



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